to handle complaints or appeals associated with its assessment activities.

3.3. At the same time as it submits its application for assessment to UKAS, the applicant

will be required to send a copy to the DTI. This will represent the formal application

to the Secretary of State for appointment.

3.4. Once UKAS has submitted its report, the Secretary of State will then make a decision

on appointment on the basis of all the evidence. If satisfied that the applicant is fit for

appointment under the Supply of Machinery (Safety) Regulations 1992 as amended,

the Secretary of State will issue a letter of appointment.

3.5. The precise terms of appointment will be set out in the individual letters of appointment,

but they will include conditions that the applicant agrees:

to take part in co-ordination activities at both UK and European level;

to surveillance annually or at whatever intervals are thought appropriate by the DTI

(newly appointed Notified Bodies may be required to undergo an initial surveillance

after 6 months);

to a full reassessment every four years or at whatever intervals are thought appropriate

by the DTI.

Once acceptance of the conditions of the letter of appointment has been received,

receipt of that acceptance will be confirmed and the DTI will notify the European

Commission and the other member/EEA States of the appointment.

3.6. Reassessment and surveillance will be carried out on behalf of the Secretary of

State, normally by UKAS. A report on the reassessment and surveillance will be sent

to the Secretary of State. Reassessment and surveillance may also be carried out

by the Secretary of State. UKAS will advise the DTI of the outcome of annual

surveillance, four yearly reassessment and any other necessary monitoring in

intervening periods of Notified Bodies in order for the DTI to take any necessary

decisions about the continuation of a Notified Body's appointment. The information

provided by UKAS to the DTI will include supporting documentation such as a copy

of the assessor's visit report, details of identified deficiencies and any agreed remedial

action.

3.7. To be eligible for appointment as a United Kingdom Notified Body for the purposes

of the Regulations as amended, an applicant must be a legal entity in the United

Kingdom and carry out its assessment functions within the jurisdiction of the United

Kingdom. It may, where necessary, conduct tests, or have tests conducted on its

behalf, outside the jurisdiction of the United Kingdom.

3.8 Notified Bodies should ensure that they do not unreasonably restrict access of

manufacturers of products within the scope of the Regulations to their services. They

must not place undue financial or other conditions upon such manufacturers. The

procedures under which a Notified Body operates must be administered in a non-

discriminatory manner.

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